ATF regulation withdrawal sparks battle over gun sales rules
The ATF is changing its definition of gun sellers, loosening restrictions on frequent sellers and reigniting the debate over enforcement.
- New York Governor Kathy Hochul signed a bill requiring 3D printers to include blocking technology that prevents users from printing guns.
- The legislation would establish a working group of experts in relevant fields to make recommendations to the Division of Criminal Justice, which would then set final rules and regulations.
- Groups such as the National Rifle Association and the Electronic Frontier Foundation argue that such requirements raise First Amendment concerns.
New York Governor Kathy Hochul signed a law on May 27 that requires 3D printers sold in the state to include technology that prevents them from printing guns. Supporters describe it as a first-of-its-kind provision with the potential to reduce gun violence, but critics say such technology impedes free expression.
The provision was introduced as part of the state’s 2026-2027 budget and approved by the state Legislature on May 21.
The law requires all 3D printers sold in the state to be equipped with blocking technology (hardware, software, firmware, or other means) to prevent the printer from producing guns or illegal gun parts.
Violations of the law result in civil penalties of $5,000 in fines for each product sold.
Groups such as the National Rifle Association and the Electronic Frontier Foundation have expressed concerns about the law, in part on First Amendment grounds.
“This ultimately requires that tools not work for creators and pass through censorship filters,” Rory Mear, director of open access and technology community engagement at the Electronic Frontier Foundation, told USA TODAY.
Sabrina Bierer, Hochul’s deputy public safety secretary, said constitutional concerns are “always on our minds.”
“We don’t want a law to be repealed on constitutional grounds, because it doesn’t help anyone,” she said.
3D printers are now ‘much more lethal’
New York City police recovered a 3D-printed ghost gun in 2021, Muniya Lin, a spokeswoman for the Manhattan District Attorney’s Office, told USA TODAY. The number increased to 4 in 2022, 42 in 2023, and 109 in 2024.
Manhattan District Attorney Alvin Bragg said in a May 22 X post that the bill’s passage is a “huge step forward for public safety.”
Sam Levy, policy advocacy director for Everytown for Gun Safety, told USA TODAY that the capabilities of today’s 3D printers are “miles away” from what they were 10 years ago, adding that today’s 3D printers are “much more lethal and reliable.”
Survey data released in January by Everytown for Gun Safety found that 74% of respondents supported requiring 3D printers to be equipped with blocking technology, while 16% opposed.
Giffords, an organization founded by former Arizona congresswoman Gabby Giffords, who survived a 2011 assassination attempt, also supported New York’s bill, as well as similar bills in California and Washington.
Foundation says law ‘unsustainable’
The National Rifle Association criticized the New York effort in January, saying the bill “aims to punish technology, ideas, planning, and the First Amendment.”
“Is Kathy Hochul also suggesting that she has the authority to ban books, videos, diagrams, blueprints, instructions, lectures, etc. about firearm design and manufacture, including those that are illegal to possess under state law?” the organization wrote in a news release.
Levy said there is “no question” that the regulations raise First Amendment issues, but the law’s proponents do not “intend to adversely affect or restrict anyone’s freedom of expression” or have “the ability to use them in a way that does not endanger public safety.”
“It’s a complex issue, but our singular focus is to stop people with dangerous backgrounds and violent extremists from manufacturing untraceable, unserialized guns domestically, in complete violation of New York law. That’s exactly what this bill seeks to accomplish,” Levy said.
The new law establishes a working group comprised of experts in topics such as additive manufacturing technology, artificial intelligence, and public safety. This group is tasked with making recommendations for minimum safety standards for 3D printers to comply with legislation based on existing technology.
According to the law, if the group determines that New York’s requirements are “not technically feasible,” the group will report its findings and “will not be required to promulgate any regulations until the working group determines that they are technically feasible.”
Pending that outcome, the Division of Criminal Justice will consult with the New York State Department of State to “promulgate and promulgate rules and regulations establishing performance standards for blocking technology and any other rules and regulations necessary for implementation” of the law’s requirements.
The law also states that the department will establish and maintain a “library of firearm blueprint files and illegal firearm blueprint files.”
Levy said it will likely take about three years for 3D printing requirements to go into effect in the state.
Mir said the Electronic Frontier Foundation does not believe the law is “sustainable,” but would like to see authorities adopt the “least burdensome” restrictions if the law moves forward.
“We want this process to be open and transparent, and if it turns out to be unworkable, we don’t want to have to move forward,” Mir said.
Breanna Frank is USA TODAY’s First Amendment reporter. please contact her bjfrank@usatoday.com.
USA TODAY’s coverage of First Amendment issues is funded by the Freedom Forum in collaboration with our journalism funding partners. Funders do not provide editorial input.
